610.122. Arrest record expunged, requirements. - Missouri Statutes

Arrest record expunged, requirements.

610.122. Notwithstanding other provisions of law to the contrary, anyrecord of arrest recorded pursuant to section 43.503, RSMo, may be expungedif the court determines that the arrest was based on false information andthe following conditions exist:

(1) There is no probable cause, at the time of the action to expunge,to believe the individual committed the offense;

(2) No charges will be pursued as a result of the arrest;

(3) The subject of the arrest has no prior or subsequent misdemeanoror felony convictions;

(4) The subject of the arrest did not receive a suspended impositionof sentence for the offense for which the arrest was made or for anyoffense related to the arrest; and

(5) No civil action is pending relating to the arrest or the recordssought to be expunged.

(L. 1993 H.B. 170 § 1 merged with H.B. 562 § 11, A.L. 1995 H.B. 135)

(2000) Section does not preclude expungement of arrest records of arrestee who has been charged with and acquitted of an offense, but acquittal alone is insufficient for expungement; burden is on that party to affirmatively prove his or her innocence. Martinez v. State, 24 S.W.3d 10 (Mo.App.E.D.).

(2005) Statutory expungement of criminal records is civil in nature and is constitutional under legislative procedural requirements and provisions of ex post facto, equal protection, due process, and separation of powers. In re Dyer, 163 S.W.3d 915 (Mo.banc).